False allegations

Let me add the allegations, without mentioning the specifics. We are Bengali, and the guy is Tamil working at TNEB, Chennai as an AEE.

Allegations:

1. Sister left Selam home on her own after abusing his parents and claiming property ownership, etc. This is untrue, as sister stayed at Chennai before she came to Bangalore, and we learned from her that she was being forced to come to Bangalore as her husband didn't want to bear expenses of the delivery. In the pretext that the couple stayed at Selam before separation, he filed the case at Selam to create logistic problems for us.

2. He claimed that my sister drove his younger brother's wife out of their home. Truth is that his younger brother stayed with his wife at his in-laws place even before my sister's marriage. His sister stays at his parental home with her husband with their father, and his younger brother's wife didn't even turn up for the marriage reception at Bangalore.

3. He claimed that my sister threatened to file criminal case against him, and which is not true, as till now he has told several lies, and he tricked us during the delivery, he tricked her to coming to Bangalore. This is one form of crime.

There are several things that he and his family did to my sister that could be termed cruelty, mental harassment, etc.

 

The best course to deal this man is to first seek transfer of divorce case from Selam, TN to Bangalore, Karnataka (wherever your sister now lives) by filing the transfer petition in the Supreme Court of India.

This will be first jolt to this man, along with this let your sister claim maintenance for the minor child and even herself from him under section 125 Cr.P.C by filing petition in Family Court Bangalore.

This will be second attack on the man, followed by seeking help from the local Women Welfare Organizations for mediation session arranged by them for this fellow to attend in in Bangalore only at regular interval; this will be third attack on him as he will be required to travel each time to attend the mediation sessions.

@Vijay,

Thanks for the suggestion. We are already speculating about doing that. However, I have a question:

Since the marriage registration and reception happended here (Bangalore), and the couple stayed together at Chennai before my sister came to Bangalore for delivery, and she never spent more than 7 days Selam, Does this come under JURISDICTION of selam court, I believe it DOESN'T. IS there a way to challenge the same at first.

@Renuka, this started with regular mental torture of my sister whenever she was at Chennai, and whenever she visited Selam (brief spells in weekends or festivals). My brother-in-law sister is a resident of their paternal house, and she stays there with her husband (who is un-employed), and we heard that their younger brother and his wife stay separate due to similar torture meter by the same sister-in-law (we don't know the facts), as the lady was never staying separate even before my sister's marriage, and at that time we were told that they stay for her mother's health. The amount lies they cooked up and told us made us ignore these crutial facts, we thought they could be otherwise bluffers, but now it seems they could even be history sh*tters.

Why is this sudden divorce notce with bogus allegations, my guess would be as good as you, that much a stranger is my brother-in-law to me, as I don't believe any of his claims, and he would tell a lie every alternate day. I even doubt his qualifications.

My speculation is this:

1. He may have become actually near to a family friend's daughter who got recently separated, this happened during the time my sister was pregnant, and he used to return very late at night making alibis. We have never asked him the reason, and thought things will be fine after the baby's birth.

2. The family had always had problems alleging that my sister is non-Tamil and for silly things she had to face abuse for this. I believe culture prevailing in rural areas is yet to accept inter-cultural marriage. Part of peer pressure may have contributed to this.

Thanks to both of you for the pointers.

@Vijay, Wanted to know the best way to make the transfer. We haven't yet received the stamped copy of the petition in our address, though we have a photostat copy of the same unstamped. The hearing is on 18th January.

Hi Renuka and Vijay,

Thanks so much for invaluable suggestions. There is another problem. My sister was a school teacher, and she had to leave her job to relocate to Chennai and was not allowed to continue. Besides, her certificates, experience letters are lying @Chennai. Under the circumstance since my brother-in-law is labelling bogus allegations, and even in the past we have seen him contradicting himself, and lying about his family.

@Renuka, it is difficult to contact my brother-in-law he doesn't speak to me since July when I first tried to call him, and then texted him on whatsapp why he is not coming to bangalore to accompany my sister for checkups. He retorted to that, making allegations that he wanted my sister to go to his native and not Bangalore, which is again false, as he even took my sister's ATM and withdrew the money from her account, and booked tickets for her and my eldest sister and her husband (who had to go to Chennai to pick her up, as my brother-in-law was pressurizing my sister, and was also not keeping food at home, and lot of other things, which we came to know later from sister). 

Wanted to know what should be best. We have hired a lawyer for Selam, and planning to tranfer the case, but we haven't got a court verified copy of the petition in hand to appeal to the supreme court.

Renuka, I am actually youngest member in my family, but there are no elders in our family who can represent us due to various logistic difficulties. I had arranged the marriage, and organized the reception. I had tried reaching my BIL over phone, as he doesn't stay at his residence often. He often visits his native. Given his cantankerous nature I am not sure what would happen even if I drop into his office. When I called his father after the baby's birth his father said he doesn't even know me. It seems they have made a plan for this, when my sister got pregnant. I believe law is the only means we can get justice, now that he has come up with bogus allegations. I wanted to know how to acquire police permission to get to his Chennai residence and procure my sister's belongings.

Renuka, I am actually youngest member in my family, but there are no elders in our family who can represent us due to various logistic difficulties. I had arranged the marriage, and organized the reception. I had tried reaching my BIL over phone, as he doesn't stay at his residence often. He often visits his native. Given his cantankerous nature I am not sure what would happen even if I drop into his office. When I called his father after the baby's birth his father said he doesn't even know me. It seems they have made a plan for this, when my sister got pregnant. I believe law is the only means we can get justice, now that he has come up with bogus allegations. I wanted to know how to acquire police permission to get to his Chennai residence and procure my sister's belongings.